Officers Involved In The Death of Freddie Gray Charged In Administrative Action

On April 12, 2015, Freddie Gray was taken into custody by Baltimore police officers Edward Nero and Garrett Miller. Freddie sustained a spinal injury in a police van ride and died on April 19, 2015. Officer Ceasar Goodson was driving the van.

WBALTV reports that Lt. Brian Rice, Sgt. Alicia White and Officer Caesar Goodson have been suspended, pending termination. They were found to have failed to follow policies for seat-belting Freddie Gray.

Officers Garrett Miller and Edward Nero who took Freddie into custody, face five days suspension without pay.

Officer William Porter, whose trial resulted in a hung jury, faces no punishment.

On July 29, 2016, charges were dropped by prosecutors after a jury deadlocked on charges against Porter, and a judge acquitted Rice, Goodson and Nero.

The internal discipline review, conducted by the Montgomery and Howard county police departments, determined the officers broke department rules.

The officers can accept the recommended punishment or choose to dispute the charges.

Baltimore City State’s Attorney Marilyn Mosby released the following statement;

“Justice is always worth the price paid for its pursuit. This case has always been about providing justice for an innocent 25-year-old man who was unreasonably taken into police custody, severely injured while in police custody, and died due to a lack of care. If today’s news is accurate, I am relieved to know that a majority of those involved will be held administratively accountable for their actions. And, while nothing can bring back Freddie Carlos Gray, Jr., I pray that today’s announcement brings some closure to his loved ones, the City of Baltimore, and the dedicated members of the Baltimore Police Department.”

Baltimore’s police union denounced administrative charges being brought against the five officers, saying the cases will “do nothing more than perpetuate a police force hesitant to exercise judgment when interacting with the public.”

I personally hope the officers challenge this and I think they will prevail.

My contention is based on the fact that during the trials that did occur, the state prosecution could not prove the officers had adequate notice and knowledge of the seat belt policy. Unless some additional evidence has become available this problem still stands.

You simply cannot intentionally violate a policy you did not have knowledge of.

I don’t want to fill-in the blanks with assumptions. To the best of my knowledge, the Administrative hearings were not made public. We can only go by what is reported. The same is true for the trials because they were not public either. Let’s keep in mind that the first trial went to a jury that hung. If any of the officers challenge the Administrative decisions, those challenges are suppose to be public. Freddie Gray, nor any other human being, deserved a “rough ride” severing the spine. Accountability helps build public trust.

Something analogous I have seen successfully deployed before on double jeopardy grounds is college student beats criminal sexual assault charge and school tries to expel on administrative grounds for code of conduct violation.